TERMS AND CONDITIONS
The following are the terms and conditions for use of the Services offered. Please read them carefully. Our Services are offered to you on the condition that you accept without modification the terms and conditions contained herein.We may change these Terms of Service at any time, with or without notice. Accordingly, you should return to this Website often to check for changes to the Terms of Service.You understand that by using a Service, you have agreed to the Terms of Service, including any changes. By purchasing a Service, you are indicating your agreement to be bound by all of the terms and conditions set forth in this document.
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF SERVICES AND YOUR RELATIONSHIP WITH US. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
The Agreement and related policies are also set forth on the website. The Agreement sets forth the terms and conditions under which you agree to use the Services, and under which agrees to provide the Services to you. You may also receive a paper copy of this Agreement either by telephoning us at +1 607 443 1525 option 2 or by writing to us at 12608 Angelus Ave, Cleveland, Ohio - 44105
Attention: Legal Department.
DEFINITION OF SERVICE
For purposes of this Agreement, the term "Services" shall mean the products and services, including all technical support, email and other features, provided by us or its designated third party providers under the service option that you have selected. As part of the Services, we may license to you, or assist you in licensing from third parties, software (see Section 6 below).
AUTHORIZED USER, USE, AND RESPONSIBILITIES
You represent that:
(i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and, if applicable, your employer to this Agreement; (ii) you consent to be bound by this Agreement on behalf of yourself and, if applicable, as an authorized representative of your employer; and (iii) the information you supply to us is correct and complete. You agree to promptly notify whenever your personal or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date). You understand that venussupport relies on the information you supply and that providing false or incorrect information, or failing to notify of a change of information, may result in Services being withheld or delayed, or in the suspension or termination of your customer account.
You agree that you are responsible for all use on your account, including any secondary accounts or sub-accounts registered to your primary account. You understand that this means you accept full liability and responsibility for the actions of anyone who uses a Service via your account, or any secondary accounts, with or without your permission.
If you purchase a Service that includes a pre-determined one-time allocation of Service (for example, pre-purchasing 1 hour of Remote Computer Support Service), any unused allotment of Service minutes will remain in your customer account until the earlier of when the allotment is fully used or 12 months from purchase.
You may not resell any Service, use it for high volume purposes, use it as a virtual support center, or engage in any other similar activities as determined solely by us.
If you purchase a Service for one computer, you may only use the Service in connection with the computer listed in your service plan, unless you upgrade your service plan contract to include an additional computer or device. You hereby acknowledge and agree that a Service covers only the software, hardware and peripherals specifically listed in the applicable Product Description on the Web site. The Product Description is not an exhaustive list, and reserves the right to charge an additional fee to perform Services that you request that are not covered by the Service purchased, or to refuse to perform any such Service. As part of a Service, may require you to install certain software to assist in the provision of the Service.
reserves the right to terminate this Agreement if you (i) do not agree to install the software on your PC; or (ii) alter, modify or disable the software, or its settings or configurations.
LIMITATIONS ON USE OF THE SERVICE
AVAILABILITY OF SERVICE
The Services you select may not be available at all times, and may not be available in the format generally marketed. All Services are provided on an AS IS basis. Some personal computers may not be able to receive the Services even if initial testing showed that your connection was qualified or your computer environment was suitable. For Remote Computer Support, we will qualify your Internet connection for the minimum line rate (speed) available for support based on our standard line qualification procedures. Many Services require Internet access; it is your responsibility to ensure that you have adequate connectivity to the Internet. Line rate, access and availability of Services are not guaranteed. or its suppliers may, at any time, without notice or liability, restrict the use of the Services or limit their time of availability in order to perform maintenance activities and to maintain session control.
If you subscribe to a Service that requires a scheduled session, we will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time. However, you hereby acknowledge that circumstances outside of 's control (e.g., a large scale outbreak of a new computer virus) may cause significant delays in 's ability to schedule a Service session. You hereby release from any and all liability, and agree that we shall not be liable to you or any third party for any direct or indirect damages, resulting from any such delay.
SOFTWARE LICENSES AND THIRD PARTY SERVICES
In connection with our Services, we may provide to you, via download, CD, other media, or other delivery method the use of certain software which is owned by venussupport or its third party licensors, providers and suppliers, and which may be provided free or for a fee, including client and/or network security software ("Software"). We reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service and for no other purpose.
The Software may be accompanied by an end user license agreement from or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an end user license agreement unless you first agree to the terms and conditions of the end user license agreement.
For any Software for which your acceptance of a separate license agreement is not required (" Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by us to use the Software (and any corrections, updates and upgrades) only with the applicable Service and for no other purpose. You may not make any copies of the venussupport Software. You agree that Software is the confidential information of venussupport or its third party licensors, providers or suppliers, which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by or its third party licensors, providers, or suppliers. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, or otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. The Software and Services may be used in the United States only, and any export of the Software or Services is strictly prohibited.
Third Party Software: As part of the Services,we may suggest or require that you acquire, install and use certain separate third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners, licensors or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether we assists you in the acquisition, installation, and/or use of Third Party Software.we has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
We provide technical assistance and support for the Software in accordance with our policies. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
Your license to use the Software shall remain in full force and effect unless and until terminated, its third party licensors, providers or suppliers, or until your customer account is terminated or the applicable Service has expired. Upon the expiration of the applicable Service or the termination of your customer account for any reason, you must cease all use of the Software immediately delete the Software and the Software from your computer.
Other Third Party Agreements: As part of the Services, may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that may elect to make available from time to time. Violation of such third party provider's terms of service may, in 's sole discretion, result in the termination of your customer account and use of service.
TERM AND TERMINATION
Effective Date and Term. This Agreement goes into effect upon your acceptance of this Agreement as set forth in Section 1 and shall continue, subject to the terms of this Section, until terminated by either party as permitted by this Agreement.
Termination of Service
Pay-as-you-go or Subscription Service. If you are a pay-as-you-go or subscription service customer, either you or we may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. Activation or set-up fees paid at the initiation of your service, if any, are not refundable and you may be subject to early termination fees (ETFs) as specified in the Services description at the time of your order. Termination shall be effective thirty (30) days after the date of notice to you, except as otherwise provided in this Agreement. In the event of termination by , for any reason, you will be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You understand and agree that any Software may cease to operate, update or function properly after termination of a Service.
Termination and/or Suspension by us. If, in the sole discretion: (a) you are in breach of any of the terms of this Agreement (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Software or Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, 's network, or the use and enjoyment of other users; (c) receives an order from a court to terminate your Service; (d) for any reason ceases to offer the Service; (e) if you are no longer a customer; or (f) We determines that you are abusing the Service or using the Service excessively then, at its sole election may terminate or suspend your Service immediately without notice.
Terminated Account.In its sole discretion, may refuse to accept your request for service, renewal or re-subscription following a termination or suspension of your use of the Service.
PRICING AND PAYMENT
Pricing and Fees. venussupport fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the web site. You agree to pay the charges applicable to your selected Service, as well as any applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. Monthly recurring charges (subscription plans) will be billed one month in advance; usage charges will be billed in arrears, and pre-purchase plans will be billed in advance, if applicable. Venussupport or its agent will bill you directly, or charge your credit card, as you request and as approved by . does not accept debit cards for payment of any charges or fees.
Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time when your credit card provider denies a charge for Service or discontinues providing credit to you for any reason, or you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires.
Late Fees. If any portion of your bill is not paid by the due date, we may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of five percent (5%) per month, or the highest rate permitted by law. In the event we utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
Telecom and Data Charges. Whether you are accessing the Service from your home or away from your home, you are responsible for all telecom and data charges for your use of the Services or contacting for any reason.
You have the option to change your Service(s) at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service and pay all applicable additional charges and fees.
Missed Appointments. If you do not contact us a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at 's option, a missed appointment fee according to the schedule set forth on the Web site.
g. Service Without Resolution. we will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix your computer or network problem. If we unable to resolve your computer problem, you will still be liable for charges for time spent by in an attempt to correct a problem.
h. Unable to Create Online Connection. we will not charge you for a one-time Service we cannot connect with your computer in an attempt to provide remote computer support service.
i. The waiver of any fees or charges lies solely at the discretion.
j. reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service.
You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
You agree that the Internet is not owned, operated or managed by, or in any way affiliated with is not responsible and has no control over the information, content or other materials, some of which may be offensive, malicious or destructive in nature, which may be accessed through use of the Service. You further agree that does not own or control all of the various facilities and communications lines through which a Service may be provided, nor does guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by venussupport.
You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. is not responsible for invalid destinations, transmission errors, or corruption or security of your data.
You are not authorized to use any name or mark (including ) as a hypertext link to any Web site or in any advertising, publicity or in any other commercial manner without the prior written consent. You understand that your ability to link to a Web site through the Service does not, in any way, represent or imply approval of, or its determination of the quality of that product or service, and that links are provided for your convenience only. The links provided through the Service are maintained by their respective organizations, which are solely responsible for their content. venussupport Affiliates may use the name and link to the web site solely in accordance with the terms and conditions of the Affiliate Program.
WARRANTIES AND LIMITATION OF LIABILITY
you acknowledge and agree that the services supplied hereunder are provided on an "as is" or "as available" basis, with all faults. except as otherwise specifically set forth in this agreement and as otherwise specifically set forth in any manufacturer warranty for any equipment or software provided by (but only if such warranty is included with such equipment or software), (and its officers, directors, employees, parent, subsidiaries, and affiliates), its third party licensors, providers and suppliers, including global service providers (gsps), disclaim any and all warranties for the services, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, integration, and those arising from course of dealing, course of trade, or arising under statute.
no advice or information given or its representatives shall create a warranty. use of computer support is at your own risk and is not warranted.
does not warrant that the service provided by will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, or the like. shall not be liable for loss of your data, or if changes in operation, procedures, or services require modification or alteration of your equipment, render the same obsolete or otherwise affect its performance.
makes no warranty regarding any transactions executed using the service or the internet.
makes no warranty regarding the content and information accessed by using the service or any links displayed. you expressly assume all risk and responsibility for use of the service and the internet generally. do not use the service in any high risk activities where damage or injury to person, property, environment, or business may result if an error occurs.
in no event shall (or its officers, directors, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, including gsps, be liable for: (a) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if has been advised of the possibility of such claim or damages, or (b) any claims against you by any other party.
all limitations and disclaimers stated in this section also apply to 's third party licensors, providers and suppliers, including gsps, as third party beneficiaries of this agreement.
any rights or limits stated herein are the maximum for which (and its officers, directors, employees, parent, subsidiaries, and affiliates), 's third party licensors, providers and suppliers, including gsps, are collectively responsible.
the remedies expressly set forth in this agreement are your sole and exclusive remedies. you may have additional rights under certain laws (such as consumer laws), which do not allow or limit the exclusion of implied warranties, or the exclusion or limitation of certain damages.
if these laws apply to you, our exclusions or limitations apply to you to the maximum extent allowed by applicable law.
reserves the right to pursue any and all legal and equitable claims against you pertaining to your use or misuse of the service or for your breach of the agreement (including any policies relating to the services).
You agree to defend, indemnify and hold harmless from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the gross negligence or willful misconduct of ; or (e) claims for infringement of any intellectual property rights arising from your specific use of the Services, Software, or the Internet.
Notices required under this Agreement by you shall be provided to the Customer Service Department. Notices by you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Web site.
b. With regard to electronic communications, you and further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration. will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, or other things we do not control, or an inability to obtain necessary equipment or services.
You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed. We may designate one or more third parties to provide any or all Services hereunder.
You and we agree that the substantive laws of the State of New York, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.
Except as otherwise required by law, including New York laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. In any action or proceeding arising from or relating in any way to the subject matter of this Agreement you agree that shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with said action or proceeding in the event that prevails
In the event of a conflict between this Agreement and any applicable tariff, the tariff shall prevail. We reserve the right to modify the Service to reflect any change in any applicable tariff or underlying network service or component affecting the Service.'s failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.